(A) Penalties. Any person who violates any provision of this subchapter shall be subject to penalties as described in § 91.99(E).
(B) Notice of violation. Except where a person is acting in good faith to comply with an abatement order issued pursuant to this section, violation of any provision of this section shall be cause for a notice of violation to be issued by a Lake Mary police officer or Lake Mary code enforcement officer according to code enforcement procedures set forth in the City Code.
(C) Immediate threat to health and welfare.
(1) The police officer or code enforcement officer shall order an immediate halt to any sound which exposes any person, except those excluded under this subchapter, to continuous sound levels in excess of those shown in Table 2. If impulsive sounds or pure tones exists, values in Table 2 should be reduced by 3 dB(A). In the case of pure tones, Tables 3 and 4 shall also apply.
(2) Any person subject to an order issued pursuant to division (C)(1) shall comply with such order until:
(a) The sound is brought into compliance with the order, as determined by the police officer or code enforcement officer; or
(b) A judicial or Code Enforcement Board order has superseded the police officer or code enforcement officer's order.
(c) Any person who violates an order issued pursuant to this section shall, for each day of violation, be fined not less than $50 nor more than $250.
(D) Other remedies. No provision of this section shall be construed to impair any common law or statutory cause of action, or legal remedy therefrom, of any person or the city for injury or damage arising from any violation of this section or from other law.
(E) Designation of noise sensitive zones. In addition to areas designated as noise sensitive zones by this section, by application of interested persons or on the city's own initiative, the City Commission may designate an area within the city as a noise sensitive zone by resolution. The zone must meet the criteria of § 91.16(B)(6).
(F) Motor vehicle noise. Motor vehicle noise on highways of the state and on streets and roads under the city's jurisdiction shall be regulated pursuant to F.S. § 316.293.
(Ord. 1218, passed 11-2-06)